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(영문) 창원지방법원 2016.11.24 2015가합35133
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 451,223,772 to the Plaintiff (Counterclaim Defendant) and its related amount from November 18, 2015 to November 24, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

On the premise, the Defendant, from the Jinju City on January 31, 2013, supplied C Corporation (hereinafter “instant construction”) with a contract amount of KRW 9,852,984,00, jointly with the active construction corporation (hereinafter “virative construction”).

On April 23, 2013, the Defendant and active forest construction (hereinafter referred to as “joint contractors”) determined the ratio of shares in the instant construction as active forest construction, Defendant 49%, and entered into a joint supply and demand agreement with the purport of forming an operating committee, which is a consultative body, in order to facilitate the instant construction. The representative of the project under Article 3 of the Agreement on the Joint Supply and Demand of Land, which is the representative of the project under Article 3, and the member (the Defendant and active forest construction; hereinafter the same shall apply) until the performance of the obligation to the project owner and the third party is completed.

(2) The construction of active forests shall have the authority to represent joint contractors and to manage the claims for the construction cost, the amount and the property of joint contractors.

Article 4 (Sharing of Duties, Powers, and Responsibilities of Joint Contractors) (5) The Steering Committee shall be organized to support the Corporation and to coordinate its opinions among its members, and shall be determined by consulting on all matters concerning the performance of contracts between its members.

Article 20. ① Organizational system for the performance of the original contract shall be as follows:

(2) The members of the steering committee shall be comprised of persons appointed by the representative or representative director of each company, and the chairperson of the operating committee shall be the members of the committee for active forest construction.

(3) The number of members present at a steering committee shall be comprised of four persons, including a site director.

In principle, deliberation and decision by the Steering Committee on Deliberation and Decision under Article 22 shall be made by all agreements.

Article 23 (1) The Operating Committee shall deliberate and decide on the following matters and important matters related thereto:

1. Coordination of opinions of each member;

2. Approval of budgets;

3. On-site organization, composition and personnel management;

4. The execution budget and budget;

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